When you enter an idea into the TIP Tool™, one of the fields you’ll see is the Patentability Score.
Let’s walk through what it means, how it’s calculated, and how you can use it to make better IP decisions.
What is Patentability Score?
The Patentability Score gives you an estimate of how likely your idea is to get a patent granted by the USPTO.
It’s not a legal opinion or a guarantee. Instead, think of it as data-backed prediction.
How is it Calculated?
The TIP Tool™ automatically predicts the patentability score based on available analytics from the U.S. Patent Office and historical filing trends.
Here’s what goes into the score:
- Art Unit Allowance Rates
Every patent application filed with the USPTO is routed to an Art Unit – a specialized group of examiners based on technology category.
- Some art units are known for being more lenient, with higher allowance rates.
- Others are more rigorous, granting fewer patents overall.
At the early stage, before filing, the TIP ToolTM uses predicted art unit assignment to generate your patentability score.
- Examiner Statistics
Once an examiner is actually assigned to your case, the TIP ToolTM updates the score using:
- Allowance Rate of that specific examiner
- Speed of prosecution (how quickly cases move forward)
- Past outcomes like: Interview success rate, Final rejections, RCE (Request for Continued Examination) trends.
- Law Firm or Patent Counsel Success Rate (if available)
If the idea is linked to a particular law firm or attorney, the TIP ToolTM may also factor in their historical success:
- Win rates with specific examiners or art units
- Speed and efficiency of allowance
- Drafting quality based on prior outcomes
Note: This input is optional and only applied when linked data is available.
How Does the Patentability Score Change Over Time?
The score is dynamic – it updates automatically as your idea moves through the pipeline.
- Early Stage: Score is based on predicted art unit statistics.
- After Filing: Once an examiner is assigned, the score gets more precise using real examiner-level data.
- During Prosecution: Score may shift again as actions (e.g., office actions, interviews) occur.
Can I Adjust the Score?
Yes – the system-generated score is editable.
If you or your patent counsel have deeper insight (e.g., unpublished prior art, known difficulties), you can manually adjust the score.
Simply click into the Patentability field and choose your own number.
| Remember: This score helps with planning and prioritization. It doesn’t replace a detailed patentability analysis by your counsel. |
Why It Matters
You may have multiple great ideas, but limited resources to file them all.
The Patentability Score helps you:
- Decide which ideas are “quick wins”
- Flag low-patentability ideas for deeper review
- Align expectations across teams (business, legal, product)
Related Resources
How to Optimize Patent Prosecution Strategy with the Art Unit Predictor? →
Top 5 Benefits of Using a Patent Art Unit Predictor in Your Patent Prosecution Strategy →
Empower Your Patenting Decisions With Patent Analytics for Better Returns →